The anti-corruption commission has moved to court to recover two acres of land valued at Sh380 million that was illegally allocated to a private developer in Mombasa.
The Ethics and Anti-Corruption Commission (EACC) says the land belonged to the Kenya Ports Authority (KPA).
In documents filed in the Environment and Land Court in Mombasa, the EACC wants the court to declare that the land, whose Reference No. MSA/Block XLVII/156 located around the Liwatoni area housing the Kenya Fisheries offices is public land belonging to KPA.
“The illegally allocated portion was under lease from KPA to the then Ministry of Tourism and Wildlife, Fisheries Department and currently the State Department for Fisheries and Blue Economy,” said the EACC.
The land was illegally alienated by the then Commissioner of Lands Wilson Gachanja and later illegally allocated to Milly Glassworks Limited formerly known as Bawazir Glass Works.
Commission also seeks an order of eviction directing the firm and its servants to vacate the disputed property immediately.
Further, EACC wants the court to declare that sub-division of the land was illegal and that the allocation and issuance of lease to the company be declared unlawful.
The commission seeks a permanent injunction restraining the company or its servants, agents from alienating, encumbering, disposing off, wasting, entering and trespassing or dealing with the property.
EACC also seeks an order directing the Chief Lands Registrar to cancel and expunge from the register entry relating to registration of suit property.
According to EACC, the title deed was issued to KPA in August 2002 and the property reserved for public use.
EACC states that the property was, however, illegally sub-divided to create two parcels of land by Gachanja, who then unlawfully allocated it to Milly Glassworks.
“Despite several correspondences emanating from then Permanent Secretary of Ministry of Tourism and Wildlife to Gachanja warning that the land belonged to the Ministry and was not available for allocation, a title was subsequently illegally issued to Bawazir Glassworks Limited,” the EACC said.
The EACC sued Gachanja for fraud and other offences.